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Journal of International Law, Politics and Society

International Open Access Double Blind Peer Reviewed, Referred Journal

ISSN No. : 3108-0464

A Critical Study on the Evolving Landscape of Corporate Insolvency Resolution and Regulatory Efficiency under the Insolvency and Bankruptcy Code in India

Cite this Article

Ross Ann Babu (2026). A Critical Study on the Evolving Landscape of Corporate Insolvency Resolution and Regulatory Efficiency under the Insolvency and Bankruptcy Code in India. Journal of International Law, Politics and Society, 2(3). Retrieved from https://jilps.in/journal/a-critical-study-on-the-evolving-landscape-of-corporate-insolvency-resolution-and-regulatory-efficiency-under-the-insolvency-and-bankruptcy-code-in-india/

Abstract

The enactment of the Insolvency and Bankruptcy Code, 2016 (IBC) marked a transformative shift in India's insolvency regime by introducing a unified, creditor-centric, and time-bound framework for the resolution of corporate distress. Prior to the implementation of the Code, India's insolvency landscape was characterized by fragmented legislation, prolonged litigation, overlapping jurisdictions, and poor recovery rates, which collectively hindered economic growth and investor confidence. The IBC sought to address these deficiencies by establishing a comprehensive mechanism aimed at maximizing the value of assets, ensuring timely resolution of insolvency proceedings, promoting entrepreneurship, and balancing the interests of all stakeholders. Over the past decade, the Code has significantly influenced corporate restructuring and debt recovery processes while contributing to the reduction of non-performing assets within the banking sector. The establishment of institutional mechanisms such as the Insolvency and Bankruptcy Board of India (IBBI), National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT), Insolvency Professionals, and Information Utilities has strengthened the insolvency ecosystem and facilitated the development of a robust jurisprudential framework. However, despite notable achievements, the implementation of the IBC continues to face several challenges, including delays in resolution proceedings, judicial backlog, capacity constraints of adjudicatory authorities, inconsistent treatment of stakeholders, increasing instances of liquidation, and concerns regarding the effectiveness of the Committee of Creditors. This study critically examines the evolving landscape of corporate insolvency resolution under the IBC with particular emphasis on regulatory efficiency and institutional effectiveness. It analyzes the legislative framework, regulatory reforms, judicial developments, and practical challenges that have emerged since the enactment of the Code. The research further evaluates whether the objectives of timely resolution, value maximization, creditor protection, and corporate revival have been successfully achieved. By assessing the strengths and shortcomings of the existing insolvency framework, the study seeks to contribute to the ongoing discourse on insolvency law reforms and offers recommendations for enhancing the efficiency, transparency, and sustainability of India's corporate insolvency resolution process in an increasingly complex economic environment.

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Journal of International Law, Politics and Society
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3108-0464
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